(a) Unless otherwise provided in this part, the fees to be charged and collected for any service (other than for an appeal grading) performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.

(b) Fees for grading services will be based on the time required to perform such services for class, quality, quantity (weight test), or condition, whether live, dressed, or ready-to-cook poultry is involved. The hourly charge shall be $14 and shall include the time actually required to perform the work, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c) Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $18.48 per hour. Information on legal holidays is available from the Supervisor.

(d) The charges for inspection services will be based on the time required to perform such services. The hourly rate shall be $12.40 for base time and $12.40 for overtime and holiday work. [33 P.R. 20004. Dec. 21. 1968, as amended at 37 FR 4174, Feb. 29, 1972; 40 FR 49784, Oct. 24, 1975; 40 FR 53993, Nov. 20, 1975] § 70.132 Fees for appeal grading, laboratory analyses or examination or review of a grader's decision.

(a) The fee to be charged for any appeal grading, or laboratory analysis or examination shall be based on the hourly rates as specified in § 70.131 (b) or (c). If the result of the appeal grading, or laboratory analysis or examination discloses that a material error was made in the original grading, analysis or examination, no fee will be charged.

(b) No fee shall be charged for the appeal under § 70.211(a) of a grader's decision unless special travel was necessary to perform the appeal service and the grader's decision was upheld on the appeal. In such cases, the fee shall be based on the hourly rates as specified in § 70.131 (b) or (c).

[35 F.R. 9918, June 17, 1970]

§ 70.133 Laboratory analysis.

(a) Fees and charges for any laboratory analysis or examination, performed by the Foultry Division in connection with grading of poultry or poultry prod

ucts, or inspection of egg products, made under this part shall be assessed and collected in accordance with the provisions for fees and charges for such services as contained in Part 55 of this chapter.

(b) Charges for any laboratory analysis or laboratory examination, performed by the Meat and Poultry Inspection Program, in connection with inspection of poultry or poultry products under this part shall be $16.88 per hour. [37 FR 4174, Feb. 29, 1972, as amended at 38 FR 30734, Nov. 7, 1973]

§ 70.135 Fees for additional copies of grading certificates and inspection certificates.

Additional copies, other than those provided for in §§ 70.171 to 70.173, 70.201 and 70.211, of any grading certificates or inspection certificates may be supplied to any interested party upon payment of a fee of $2.00 for each set of five or fewer copies.

[19 F.R. 1638, Mar. 26, 1954, as amended at 29 F.R. 7710, June 17, 1964]

§ 70.136 Travel expenses and other charges.

Charges are to be made to cover the cost of travel and other expenses incurred by the Service in connection with rendering inspection or grading service. Such charges shall include the costs of transportation, per diem, and any other expenses. Expenses are to be charged on an appeal certificate regardless of the grading results. Ten percent of the total expenses shall be added to cover administrative costs of the Department. The minimum expense charge shall be $0.50 per certificate.

[33 F.R. 20005, Dec. 31, 1968] § 70.137

Charges for continuous grading performed on a nonresident basis. Fees to be charged and collected for grading service on a nonresident grading basis shall be those provided in this section. The fees to be charged for any appeal grading shall be as provided in § 70.132.

(a) Charges. The charges for the grading of poultry and edible products thereof shall be paid by the applicant for the service and shall include items listed in this section as are applicable. Payment for the full cost of the grading service rendered to the applicant shall be made by the applicant to the Agricultural

Marketing Service, U.S. Department of Agriculture (hereinafter referred to as "AMS"). Such full costs shall comprise such of the items listed in this section as are due and included in the bill or bills covering the period or periods during which the grading service was rendered. Bills will be rendered by the 10th day following the end of the billing period in which the service was rendered and are payable upon receipt.

(1) A charge to cover the actual cost to AMS for the travel (including the cost of movement of household goods and dependents) and per diem with respect to each grader who is transferred from an official station to the designated headquarters when service is inaugurated.

(2) A charge for the salary and other costs, as specified in this subparagraph, for each grader while assigned to a plant, except that no charge will be made when the assigned grader is temporarily reassigned by AMS to perform grading service for other than the applicant. Base salary rates will be determined on a national average for all official plants operating in States under a Federal Trust Fund Agreement where Federal graders or a combination of Federal and State graders are used, by averaging the salary rates paid to each full-time Federal or State grader assigned to such plants. There will be two base salary rates- -one for grading service performed at the GS7 level, and one for grading service performed at the GS-9 level. Charges to plants are as follows:

(i) For all regular hours of work scheduled and approved as an established tour of duty for a plant, the regular rate charge will be made. The regular rate charge will be determined by adding an amount to the base salary rate to cover the costs to AMS for such items as the Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.) for Old Age and Survivor's Benefits under the Social Security System, retirement benefits, group life insurance, severance pay, sick leave, annual leave, additional salary and travel costs for relief grading service, accident payments, certain moving costs, and related servicing costs.

(ii) All hours worked by an assigned grader or another grader in excess of the approved tour of duty, or worked on a nonscheduled workday, or actually worked on a holiday in excess of the tour of duty, will be considered as overtime.

The charge for such overtime will be 150 percent of the grader's base salary rate.

(iii) For work performed on a holiday which is within the established tour of duty approved for a plant, the added charge will be the same as the grader's base rate.

(iv) For work performed between 6 p.m. and 6 a.m., night differential charges (for regular, overtime, or holiday hours worked during this period) will be at the applicable rates established plus 10 percent of the base rate.

(v) For all hours of work performed in a plant without an approved tour of duty, the charge will be one of the applicable hourly rates in § 70.131.

(vi) For work performed by an employee of another Federal agency on a part-time basis for the Poultry Division, AMS, the charge will be the established hourly rate agreed to between the two agencies for cross-utilized employees.

(3) A charge of 110 percent of any expenses incurred (including travel and per diem costs) by each grader assigned while performing grading service at the applicant's request.

(4) An administrative service charge equal to 25 percent of the first grader's salary costs and 15 percent of each additional assigned grader's salary costs.

(b) Other provisions. (1) The applicant shall designate in writing the employees of the applicant who will be required and authorized to furnish each grader with such information as may be necessary for the performance of the grading service.

(2) AMS will provide, as available, an adequate number of graders to perform the grading service. The number of graders required will be determined by AMS based on the expected demand for service.

(3) The grading service shall be provided at designated locations and shall be continued until the service is suspended, withdrawn, or terminated by:

(i) Mutual consent;

(ii) Thirty (30) days' written notice, by either the applicant or AMS specifying the date of suspension, withdrawal, or termination;

(iii) One (1) day's written notice by AMS to the applicant if the applicant fails to honor any invoice within thirty (30) days after date of invoice covering the cost of the grading service; or

(iv) Termination of the service pursuant to the provisions of the following subdivision (v) of this subparagraph:

(v) Grading service shall be terminated by AMS at any time AMS, acting pursuant to any applicable laws, rules, and regulations, debars the applicant from receiving any further benefits of the service.

(4) Graders will be required to confine their activities to those duties necessary in the rendering of grading service and such closely related activities as may be approved by AMS: Provided, That in no instance may the graders assume the duties of management.

(5) When similar nonresident grading services are furnished to the same applicant under Part 55 or Part 56 of this chapter, the charges listed in this section shall not be repeated.

[35 F.R. 19328, Dec. 22, 1970, as amended at 36 F.R. 9842, May 29, 1971; 37 F.R. 9458, May 11, 1972; 37 FR 12919, June 30, 1972; 38 FR 35229, Dec. 26, 1973; 39 FR 1829, Jan. 15, 1974]

Fees to be charged and collected for any grading service, other than for an appeal grading, on a resident grading basis, shall be those provided in this section. The fees to be charged for any appeal grading shall be as provided in § 70.132.

(a) Charges. The charges for the grading of poultry and edible products thereof shall be paid by the applicant for the service and shall include items listed in this section as are applicable. Payment for the full cost of the grading service rendered to the applicant shall be made by the applicant to the Agricultural Marketing Service, U.S. Department of Agriculture (hereinafter referred to as "AMS"). Such full costs shall comprise such of the items listed in this section as are due and included in the bill or bills covering the period or periods during which the grading service was rendered. Bills will be rendered by the 10th day following the end of the billing period in which the service was rendered and are payable upon receipt.

(1) An inauguration charge of $200 will be made at the time an application for service is signed except when the application is required because of a change in name or ownership. If service is not installed within 6 months from the date the application is filed, or if service is inactive due to an approved request for removal of a grader(s) for a period of 6 months, the application will be consid

ered terminated, but a new application may be filed at any time. In addition there will be a charge of $300 if the application is terminated at the request of the applicant for reasons other than for a change in location, within 12 months from the date of the inauguration of service.

(2) A charge to cover the actual cost to AMS for the travel (including the cost of movement of household goods and dependents) and per diem with respect to each grader who is transferred from an official station to the designated plant when service is inaugurated.

(3) A charge for the salary and other costs, as specified in this subparagraph, for each grader while assigned to a plant, except that no charge will be made when the assigned grader is temporarily reassigned by AMS to perform grading service for other than the applicant. Base salary rates will be determined on a national average for all official plants operating in States under a Federal Trust Fund Agreement where Federal graders or a combination of Federal and State graders are used, by averaging the salary rates paid to each full-time Federal or State grader assigned to such plants. There will be two base salary rates--one for grading service performed at the GS-7 level, and one for grading service performed at the GS-9 level. Charges to plants are as follows:

(i) For all regular hours of work scheduled and approved as an established tour of duty for a plant, the regular rate charge will be made. The regular rate charge will be determined by adding an amount to the base salary rate to cover the costs to AMS for such items as the Employer's Tax imposed under the U.S. Internal Revenue Code (26 U.S.C.) for Old Age and Survivor's Benefits under the Social Security System, retirement benefits, group life insurance, severence pay, sick leave, annual leave, additional salary and travel costs for relief grading service, accident payments, certain moving costs, and related servicing costs.

(ii) All hours worked by an assigned grader or another grader in excess of the approved tour of duty, or worked on a nonscheduled workday, or actually worked on a holiday in excess of the tour of duty, will be considered as overtime. The charge for such overtime will be 150 percent of the grader's base salary rate plus an added 10 percent for administrative overhead charges.

For work performed on a bokday winch as win the established sour of dry approved for a plans, the added charge V be the same as the giders case rate plus an added 10 percent for Save overhead charges.

17 For work performed serveen 6 pm and i anderennal charges for regular overtime, or holiday how worked dung das period I be as the applicatie rates estatshed pins 13 percent of the base mana

7 For all hours of work performed i a plan wistons an approved tour of the charge de ce of the appleable houndy rates MBL

For work performed by an emploree of another Federal agency on a part-time bass for the Pruiny DraCK 413 the charge will be the established bouziy rate agreed to cerveen the two agencies for moss-rulmad employees.

4 A car for the actual cost to AMS for any other expenses cured by bring waved and per dem plus an added 11 pemena for adTe rrehead targes:

2 AMS WI provide, as available, an adequate number of graders to perform the grading service. The member of graders required wil be determined by AMS based on the expected demand for service

3 The grading service shall be provided as the destimated plans and shal be conamed the service is guspended, withdrawn, or terminated by: Mummal consenst

May 30 das written notice, by ether the applicans or AMS specify. g the date of suspense, withdrawal, Chet day's writen notice by AMS to the appians of the applicant fails to honor any cice within thirty 30 days after date of mice covering

the cost of the grating service: or

17 Termination of the service pursuant to the provisions of the following SCCCECC T of its subparagraph:

▼ Grading service shall be terminated 113 30 ang time AMS, acting purstans to any applicable laws, rules, and regulations, decars the applicant from recerving any further benefits of the sexvce.

4. Graders be required to confine their acuines to those mes necessary in the rendering of grading service and such closely related activities as may be approved by AMS: Procided, That in no instance may the graders assume the

Comes of managemen

14 P.R. 8031, May 18. 1969 amended st 15 FR. 129, Dec. 2. 137: 36 FR. 7894, ACC. 29. 19: 38 FR. 3842 May 29. 1971; 37 FR 13 May 11. 127 FR 10919, June 37 197 38 FR 18009 Dec. 18, 1973: 40 FR 43784, Oct. 14, 1973

§ T0.139 Fees or charges for grading service performed under cooperative

agreement.

Fees or charges to be made to an applans for any gang service which def those sted i §§ 70.130 through 70 138 shall be provided for by & cooperative agreement. 136 PR. 7864, Apr. 38. 1972)

§ 70.140 Disposition of fees for inspections made under cooperative agree

ment.

Fees for inspection under a cooperative agreement with any State or person shall be disposed of in accordance with the terms of such screement. Such portion of the fees collected under a cooperative

agreement as may be due the United States shall be remitted to the Service. [18 F. R. 6918, Nov. 8, 1958; 19 F. R. 57, Jan. 6, 1954]

§ 70.141 Charges for inspection service.

(a) Charges for rendering continuous inspection services on a year-round basis shall be at the hourly rates provided for in § 70.131(d) when such services are required 4 or more hours per day. When inspection services are performed on an intermittent basis, the charges shall be at the hourly rates provided for in § 70.131(d), plus the travel expense and other charges provided for in § 70.136.

(b) Surveys made pursuant to the regulations (Part 81 of this chapter) under the Poultry Products Inspection Act will be accepted for the purposes of § 70.44, otherwise the charge shall be at the rate specified in § 70.131, plus the travel expense.

[36 F.R. 3799, Feb. 27, 1971] INSPECTION PROCEDURES

Each inspection certificate issued pursuant to the regulations in this part shall be approved by the Administrator as to form, and:

(a) Each dressed poultry inspection certificate shall show the class or classes of poultry, the quantity of product contained in the respective lot, and all pertinent information concerning the condition and wholesomeness thereof;

(b) Each food product inspection certificate shall show the names of the edible products covered by such certificate, the quantity of each such product, such shipping marks as are necessary to identify such products, and all pertinent information concerning the condition and wholesomeness thereof;

(c) Each export inspection certificate issued pursuant to the regulations in this part shall show the respective name of the exporter and the consignee, the destination of the products, the shipping marks, the names of the products, the total net weight thereof, and such other information as the Administrator may prescribe or approve.

[18 F.R. 6920, Nov. 3, 1953, as amended at 27 FR. 8098, Aug. 15, 1962]

§ 70.171 Issuance and disposition of dressed poultry inspection certifi

cates.

(a) Upon the request of an interested party, any inspector is authorized to issue a dressed poultry inspection certificate with respect to any lot of dressed poultry inspected by him. Each certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of poultry, each such inspector shall sign the certificate with respect to such lot.

(b) The original and a copy of each inspection certificate, issued pursuant to §§ 70.170 to 70.174, and not to exceed two additional copies thereof if requested by the applicant prior to issuance, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. One copy shall be filed in the office of the area supervisor serving the area in which the inspection was performed, and the remaining copies to be disposed of in such manner as the Administrator may approve. Additional copies of any such certificate may be furnished to any interested party as provided in § 70.135.

[18 FR 6920, Nov. 3, 1953, as amended at 20 FR 1195, Feb. 26, 1955, 22 FR 8169, Oct. 16, 1957]

§ 70.172

Food product inspection certificates; issuance and disposition. (a) Upon the request of an interested party, any inspector is authorized to issue a food product inspection certificate with respect to any inspected and certified edible product after suitable examination of the product has been made by the inspector.

(b) The original of each food product inspection certificate, and not to exceed two copies thereof, if requested, shall, immediately upon issuance, be delivered or mailed to the applicant or person designated by him. Another copy shall be